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PAGE 10A THE BANKS COUNTY NEWS WEDNESDAY, MARCH 5, 2008 Public Notices Continued taxes which are a lien, but not yet due and payable), any matters which might be dis closed by an accurate survey and inspection of the property, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the prop erty is Michael H. Ivey or a ten ant or tenants and said proper ty is more commonly known as 160 Kay Drive, Carnesville, Georgia 30521. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc. as Attorney-in-Fact for Michael H. Ivey McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jtm 4/1/08 Our file no. 5393108-FT7 EXHIBIT A That tract or parcel of Land lying and being in the 1206th GMD of Banks County, Georgia, being described as Lot 2, containing 2.00 acres, more or less, as shown on a plat of survey for Fred Kay & Jean P. Kay and Dwayne Ivey & Diana K. Ivey dated July 16, 1980, revised July 28, 1980, divided November 26, 2003, and recorded in Plat Book 28, Page 93, Banks County Records; said plat being incorporated herein by reference for a more complete description of the property. This being a portion of the property conveyed by Warranty Deed from Alfred H. Poole and Mrs. Cleo E. Poole to Fred Kay, Jean P. Kay, Dwayne Ivey and Diane K. Ivey dated August 7, 1980 and recorded in Deed Book 21, Page 537, Banks County Records. Together with is a 20' easement for ingress, egress and utilities, a complete description of which is shown on the above-referenced plat of survey. Together with an improvement and immovable fixture permanently attached thereto, a 2004 Fleetwood Entertainer, Serial Number GAFL434AB76898-CY12. (MA5,12,19,26B 12062 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of Power of Sale contained in Security Deed from LARRY HENDERSON to COMMUNITY BANK & TRUST, dated May 2, 2003, which Deed is recorded among Banks County, Georgia Records in Deed Book 311, Page 34, said Security Deed being given to secure a Note dated August 13, 2007 in the original princi pal amount of ONE HUNDRED FORTY FIVE THOUSAND SIX HUNDRED NINETY SIX AND 50/100 ($145,696.50) DOLLARS, with interest there on as set forth therein, there will be sold by the undersigned at public outcry to the high est bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2008, (April 1, 2008) the following described property, to wit: All that tract or parcel of land lying and being in the 1580 GMD, Banks County, Georgia, being Lot 7, Hickory Knoll Subdivision, as per plat recorded in Plat Book B, Page 13, of the Banks County Deed Records, which plat is incorpo rated herein by reference for a more complete description of said property. This conveyance is made sub ject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. Said property is known as 145 Timber Ridge Lane, Alto, Georgia, 30510-5538, together with all fixtures and personal property attached to and constituting a part of said property if any. Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its inten tion to foreclose said Security Deed and claim attorney's fees as provided in said Note and Security Deed. The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the cur rent indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney's fees and all expens es of said sale. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assess ments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confir mation and audit of the status of the loan with the holder of the security deed. The property will be sold as the property of LARRY HENDERSON, who, to the best of the undersigned's knowl edge and belief, are the parties in possession of said property. COMMUNITY BANK & TRUST, as Attorney-in-Fact for LARRY HENDERSON M. KEITH YORK, KIMZEY, KIMZEY & YORK 1070 South Main Street P. O. Box 38 Cornelia, Georgia 30531 (706) 778-6823 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (MA5,12,19,26B/1326 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by SALLIE M. TURNER to WELLS FARGO HOME MORTGAGE, INC., dated July 31, 2003, record ed in Deed Book 221, Page 428, Banks County, Georgia Records, conveying the after- described property to secure a Note in the original princi pal amount of SIXTY-EIGHT THOUSAND NINE HUNDRED EIGHTEEN AND 0/100 DOLLARS ($68,918.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2008, the fol lowing described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attor neys fees (notice of intent to collect attorneys fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be dis closed by an accurate survey and inspection of the property, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Sallie M. Turner or a tenant or tenants and said property is more com monly known as 211 Stevens Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wells Fargo Bank, N.A. sbm Wells Fargo Home Mortgage, Inc. as Attorney-in-Fact for Sallie M. Turner McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/rc3 4/1/08 Our file no. 5627704-FT5 EXHIBIT A All that tract or parcel of land and being in the 208th District, G.M., Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of survey entitled “Survey for Katie Chambers and James Chambers” prepared by Ingram, Lord & Associates, cer tified by Barry D. Lord, Georgia Registered Surveyor No. 2641, dated August 25, 1996, and being of record in the Office of the Clerk of Superior Court for Banks County, Georgia in Plat Book 23, Page 124, Banks County Records, which plat is made a part hereof by ref erence and being improved property known as 211 Stevens Road, Commerce, Georgia 30547, according to the present system of numbering property in Banks County, Georgia. Tax Map/Parcel: 19 7 F (MA5,12,19,26B/12062 6000) Notice of Service by Publication In the Superior Court of Banks County State of Georgia Civil Action File No. 08-CV-011B LEE TEAGARDEN, Plaintiff, vs. NIETO HUGO LINARES, Defendant. To: NIETO HUGO LINARES Type of Action: Personal Injury Action Complaint Filed: January 7, 2008 Date of Order for Publication: February 12, 2008 The above-styled personal injury action to recover mon etary damages arising from a motor vehicle collision was filed against you by the Plaintiff, Lee Teagarden, on January 7, 2008. By Order dated February 12, 2008, this Court ordered that service of process be had by publication as provided by law. You are hereby required to file with the Clerk of Court, Banks County Superior Court and to serve upon the Plaintiff's attor ney, Richard Neville, 285 Elm Street, Suite 302, Cumming, Georgia 30040, an answer to the Plaintiff's Complaint with in sixty (60) days from the date of the Order for service by publication as set forth above. WITNESS the Honorable Joseph Booth, Judge of the Superior Court of Banks County, Georgia. This 12th day of February, 2008. By: Timothy Harper Clerk, Superior Court of Banks County, Georgia Banks County Courthouse 144 Yonah-Homer Road Homer, GA 30547 (MA5,12,19,26P4) Rankins Estate Notice to Debtors and Creditors All creditors of the Estate of SYLVIA MCWHIRT RANKINS, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all per sons indebted to said estate are required to make immedi ate payment to us. This 20 day of February, 2008. John Derek Ingalls Executor/Administrator 11037 Post Oak Road Spotsylvania, Virginia 22551 (MA5,12,19,26P4) Williamson Estate Notice to Debtors and Creditors All creditors of the Estate of EUGENE WILLIAMSON, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all per sons indebted to said estate are required to make immedi ate payment to us. This 25 th day of February, 2008. Margie Ann Helton Williamson Executor/Administrator 140 Welborn Rd. Maysville, GA 30558 (MA5,12,19,26P4) Martin Estate Probate Court of Banks County Notice (For Discharge from Office and all Liability) Re: Petition of FONDA L. ROMINE for Discharge as Administrator of the Estate of Ben Hayward Martin, deceased. Be Further Notified: All objec tions to the petition must be in writing, setting forth the grounds of any such objections. All pleadings/objections must be signed before a notary pub lic or before a probate court clerk, and filing fees must be tendered with your pleadings/ objections, unless you qualify to file as an indigent party. Contact probate court person nel at the following address/ telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. Betty Thomas Probate Judge By: Kathy Hill Probate Clerk/Deputy Clerk Banks County Probate Court 144 Yonah-Homer Rd. Suite 7 Homer, GA 30547 706-677-6250 (MA5,12,19,26P4) Dawson Estate Notice to Debtors and Creditors All creditors of the Estate of REGINALD W. DAWSON, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to law, and all persons indebted to said estate are required to make immediate payment to us. This 14th day of February, 2008. Jane A. Dawson 189 Hickory Ridge Rd. Homer, GA 30547 (FE27,MA5,12,19P4) Durrett Estate Notice to Debtors and Creditors All creditors of the Estate of MYRA JOY DURRETT, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the under signed according to law, and all persons indebted to said estate are required to make immediate payment to us. This 15th day of February, 2008. Wayne W. Ballard, 4001 Florida Ave., Atlanta, GA 30360 (FE27,MA5,12,19 P4) Name Change Notice of Petition to Change Name In the Superior Court of Banks County State of Georgia Civil Action File Number: 08CV088X In Re: Petition of Sandra Diane Franklin as next friend for name change of William Ryan Brendle to William Ryan Franklin The name of the Petitioner is SANDRA DIANE FRANKLIN. The name of the person whose name is to be changed is WILLIAM RYAN BRENDLE. The new name desired is WILLIAM RYAN FRANKLIN. The Petition for Name Change is pending in the Superior Court of Banks County, Georgia, hav ing been filed on the 13 day of February, 2008. Any interested or affected party may appear and file objections in said Court as allowed by law. Respectfully submitted, Winslow H. Verdery, Jr. State Bar Number 727050 Attorney for Petitioner P.O. Box 1556 Cornelia, Georgia 30531 (706) 778-1800 (FE20,27,MA5,12P1000) Name Change The Superior Court for the County of Banks State of Georgia Civil Action No.: 08-CV-065X In Re: Osvaldo Ledezma Virginia Torres, Petitioner Notice of Name Change PLEASE TAKE NOTICE that on the 31st day of January, 2008, VIRGINIA TORRES filed a Petition in the Superior Court of Banks County, Georgia, seeking to change the name of her minor son from OSVALDO LEDEZMA to OSVALDO TORRES. Any interested or affected party has the right to appear and file objections. At the expiration of sixty (60) days from the date the first day of publication, upon proof of publication, and if no objection is filed, the Court shall proceed to hear and determine all mat ters raised by said Petition. (FE20,27,MA5,12P1000) Woods Estate Notice to Debtors and Creditors All creditors of the Estate of ED WOODS, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the under signed according to law, and all persons indebted to said estate are required to make immediate payment to me. This 12th day of February, 2008. By: Edna Goodwin, Administrator Estate of Ed Woods, Deceased Care of: Daniel J. Cahill, Jr. Graham Law Firm, LLC P.O. Drawer 300 Danielsville, GA 30633-0300 706-795-2184 (FE20,27,MA5,12B/185 1000) Irvin Estate Notice to Debtors and Creditors All creditors of the Estate of CARL JACKSON IRVIN, SR., deceased, late of Banks County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us. S/Carl Jackson Irvin, Jr., and Gene DeLeo Executors of Carl Jackson Irvin, Sr., deceased M. Keith York Kimzey, Kimzey & York P.O. Box 38 Cornelia, GA 30531 (706) 778-6823 (FE20,27,MA5,12B/1326 1000) Hartline Estate Notice to Debtors and Creditors All creditors of the Estate of R.A. HARTLINE, deceased, late of Banks County, Georgia, are hereby notified to render in of their demands to the under signed according to law, and all persons indebted to said estate are required to make immediate payment to us. This 7th day of February, 2008. Teresa Brock Executor/Administrator 159 Tab Rd. Alto, GA 30510 (FE13,20,27,MA5P4) Smith Estate Notice to Debtors and Creditors All creditors of the Estate of OMIGEAN SMITH, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebt ed to said estate are required to make immediate payment to us. This 22 day of January, 2008. Terry Trotter Executor/Administrator 117 Thompson Street Homer, GA 30547 (FE13,20,27,MA5P4) Roberts Estate Notice to Debtors and Creditors All creditors of the Estate of DOROTHY M. ROBERTS, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all per sons indebted to said estate are required to make immedi ate payment to us. This 31st day of January, 2008. Pam M. Elliott Executor 4752 Clarks Bridge Rd. Gainesville, GA 30506 (FE13,20,27,MA5P4) Daniel Estate Notice to Debtors and Creditors All creditors of the Estate of LOLA J. DANIEL, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebt ed to said estate are required to make immediate payment to us. This 5 day of February, 2008. Donald R. Daniel Executor/Administrator 1310 Damascus Rd. Homer, GA 30547 (FE13,20,27,MA5P4) The foreclosure adver tisement deadline for the May, 2008, sale date is NOON Thursday, April 3, 2008. Run dates are April 9,16,23,30, 2008. Email ads to: legals@ mainstreetnews.com in microsoft word format, or Fax ads to: (706) 387-5431.